THE NEW I-9 FORM

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UPDATE: JULY 2017

USCIS published revised version on I-9 Form; employers must begin using it by Sept. 18

The Trump administration has released a new version of the I-9 Form (Employment Eligibility Verification form) that you’ll need to begin using by Sept. 18, 2017. Plus, the feds last month confirmed the hiring of 10,000 new Immigration and Customs Enforcement (ICE) agents to focus on civil and criminal investigations—a move that could triple the number of I-9 workplace audits conducted by the agency.

THE NEW FORM: The new I-9 form is dated 07/17/17 in the lower left corner, and it replaces a version dated 11/14/2016. Following a two-month grace period, you must start using the new I-9 by Sept. 18.

This new interactive PDF still contains all the “smart I-9” features that were unveiled earlier this year to help employers reduce errors and complete the form more easily. The only changes to this new version are a few minor changes to acceptable documents and other technical changes. Employers must continue following existing storage and retention rules for any previously completed Form I-9.

Here are the changes that were made on the July 2017 version of the I-9 form, according to the USCIS:

Revisions to the I-9 instructions:

The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices is changed to its new name, Immigrant and Employee Rights Section.

The form will remove “the end of” from the phrase “the first day of employment.”

Revisions related to the I-9’s List of Acceptable Documents:

Added: the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Section 2 and Section 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.

Combined: all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) into selection C#2 in List C.

Renumbered: all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C will change from List C #8 to List C #7.

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UPDATE: NOVEMBER 2016

USCIS publishes new ‘smart’ version of the I-9 form; start using it by Jan. 22, 2017

Out with the old, in with the new. This year’s turn of the calendar also carries a new paperwork duty for all employers—trash your old version of the I-9 (the Employment Eligibility Verification form) and start using the new “smart” version by Jan. 22.

The U.S. Citizenship and Immigration Services (USCIS) published the long-awaited new version on Nov. 14, 2016. It carries an 8/31/2019 expiration date. You can continue using the current I-9 version (which has a 03/31/16 expiration date) until the new one becomes official on Jan. 22, 2017. At that point, the new version becomes mandatory for all employers.

What’s new on the I-9? This new version includes expanded instructions, the ability to add multiple preparers and a handful of changes to various fields. Example: the “Other Names Used” field is being replaced by “Other Last Names Used” avoid possible discrimination and protect the privacy of transgender people.

The new version is being called the “smart I-9” because the interactive PDF also included enhanced features to reduce errors and complete the form more easily. This includes:

Drop-down menus for filing in fields and selecting dates

Prompts to ensure information is entered fully and correctly

Embedded instructions for completing each field (a clickable question mark)

A barcode unique to each form (QR code) to identify it for audit purposes.

Note: The changes stop short of creating a fully electronic I-9. While you will be able to more easily complete the form on your computer, you will still need to print the form, obtain handwritten signatures, store the paperwork and monitor forms for reverification.

“A smart I-9 is still much better than a not-so-smart paper I-9,” says immigration attorney John Fay of LawLogix. “Small and solo employers, in particular, will likely appreciate the new form’s error checking and built-in prompts.” (Read John’s detailed description of the changes at the LawLogix blog.)

The USCIS announced the change in the Federal Register on March 8 and published the new form on its web site.

60-day grace period. Employers can immediately start using the new form, which carries a “Rev. 03/08/13)N” notation in the bottom left corner. The USCIS is giving employers 60 days to begin using the new form in their hiring procedures. “After May 7, 2013, all employers must use the revised Form I-9 for each new employee hired in the United States,” said the agency.

Employers that fail to use the correct form after 60 days open themselves to the varying penalties under the law.

What’s new? According the USCIS, the new form “makes several improvements designed to minimize the errors in form completion.” These include:

Adding new data fields, including room for the employee’s telephone number and email address, as well as foreign passport information;

Clarifying the form’s instructions; and

Revising the layout of the form and expanding it from one to two pages (not including the form’s instructions and List of Acceptable Documents)

Note: Employers do NOT have to complete a new Form I-9 for current employees if they already have a complete I-9 on file for that worker (unless reverification applies). Unnecessary verification efforts of your employees could trigger a discrimination complaint. So, starting today, only use the new form with new hires or employees who need I-9 reverification.

USCIS has also scheduled free webinars to help employers learn about the new form.

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NEW CHANGES TO THE I-9 FORM

Here is a section-by-section summary of the changes to the Form I-9, according to a report by the Fisher & Phillips law firm:

Section 1: Employer Information and Attestation

Fields are added to list the employee’s email address and telephone number, but are optional; and

For an employee who checks “An Alien Authorized to Work Until….” and who were issued an I-94 card, he or she will also need to list the foreign passport number and country of issuance.

Section 2: Employer Review and Verification

Employers will need to list employee’s full name at the top of Page 2;

List A now has room to list three documents, which is helpful to the employer because the prior form only had room for two documents and there are occasions when three documents are required, e.g., J-1 visa holders or F-1 students completing Optional Practical Training;

Certification Box – adds numbers to the items the HR representative must attest to when reviewing the documents and separates out the place where the employer is required to insert the employee’s first date of work for pay;

The List of Acceptable Documents, List A, Number 5 has revised language but essentially includes the same information regarding accepting foreign passports and I-94 cards;

The List of Acceptable Documents, List C, Number 1 provides clarification that Social Security Cards containing restrictions, such as “Not Valid For Employment,” “Valid for Work Only with INS Authorization,” or “Valid for Work Only with DHS Authorization” are not acceptable as List C documents; and

The List of Acceptable Documents includes a reference to Section 2 of the Handbook for Employers regarding information about acceptable receipts.

Section 3: Reverification & Rehires

Provides clarification that List B identity documents do not require reverification; and

Adds a field for the Employer representative to print his or her name.